A family in Umvutcha, on the outskirts of Bulawayo, which is facing eviction from their farm after the Ministry of Lands allegedly placed an erroneous caveat on their property, is set to appear in court facing charges of occupying gazetted land without authority.
Alister Michael Fletcher (81) faces five counts of the aforementioned charge and is scheduled to appear at the Tredgold Magistrate’s Court on March 12.
The family’s lawyer, Bruce Masamvu of Masamvu & Da Silva-Gustavo Law Chambers, said Fletcher was supposed to appear in court on Friday, but the matter was postponed due to a pending case at the Constitutional Court.
“The matter could not proceed immediately because we have a pending application for the same case before the Constitutional Court. It will be heard next week. Therefore, we requested to wait for the Constitutional Court’s decision first,” Masamvu said.
According to the state papers, Fletcher allegedly occupied land gazetted by the Ministry of Lands, Agriculture, and Rural Resettlement.
“Count one states that on August 25, 2000, the State, through the Ministry of Lands, Agriculture, and Rural Resettlement, gazetted a piece of land, Deed of Transfer 3188/83 registered in the accused’s name, situated in the district of Bulawayo being Hamba Gahle farm measuring 2650.7349 hectares,” the papers state.
“Fletcher continued to occupy the piece of land, well knowing it was gazetted, contrary to the Act. He filed a court application on November 15, 2008, challenging the State’s acquisition of the land after eight years of illegally occupying the said land.”
The papers further state that counts two, three, four, and five allege that Fletcher continued to occupy land gazetted by the same Ministry as state land.
“On March 7, 2008, the State, through the Ministry of Lands, Agriculture, and Rural Resettlement, gazetted a piece of land, Deed of Transfer 3183/83 registered in the accused’s name, situated in the district of Bulawayo being lots 9, 10, 16, and 17 measuring 80.2843 hectares. 3. The accused continued to occupy the piece of land, well knowing it was gazetted contrary to the Act. The accused filed a court application on November 15, 2008, challenging the State’s acquisition of the land after eight years of illegally occupying the land,” the papers read.
“On March 7, 2008, the State, through the Ministry of Lands, Agriculture, and Rural Resettlement, gazetted a piece of land, Deed of Transfer 3188/83 registered in the accused’s name, situated in the district of Bulawayo being Subdivision of Umvutsha measuring 42.7717 hectares, Lot 2 Umguza Agricultural Lots Umvutsha measuring 2650.7349 hectares and Lot 3 Umguza Agricultural Lots measuring 20.94419 hectares were also gazetted.”
